1. LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Website service https://shop.bcnfighters.com (hereinafter, the “Website”) that Giants Gaming Esports SL (hereinafter, “BCN FIGHTERS”) makes available to users. from Internet.
GIANTS GAMING ESPORTS SL
C/ Punta Alta 33 – Polígono San Luis 29006 – (Málaga)
T. + +34 952 378 745
COMMERCIAL REGISTRY Act No.: 000307860 – Act Date: 05/07/2013
Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users.
The access and use of the Website attributes the condition of user of the Website (hereinafter, the "User") and implies the acceptance of all the conditions included in this Legal Notice as well as its modifications. The provision of the Website service has a limited duration at the moment in which the User is connected to the Website or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice on each of the occasions in which he intends to use the Website, since it and its conditions of use contained in this Legal Notice may undergo modifications.
Some Website services accessible to Users or exclusive to BCN FIGHTERS clients may be subject to particular conditions, regulations and instructions that, where appropriate, replace, complete and/or modify this Legal Notice and that must be accepted by the User before starting the provision of the corresponding service.
The Website is mainly aimed at Users residing in Spain. BCN FIGHTERS does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in any other place and decides to access and/or use this Website, they will do so at their own risk and responsibility and must ensure that such access and/or use complies with applicable local legislation, not assuming BCN FIGHTERS any liability that may arise from such access.
2 INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents and/or any other elements of the Website, understood by these to be merely enunciative, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the “Contents”), are the property of BCN FIGHTERS or third parties, without it being understood that any of the exploitation rights recognized by current regulations regarding intellectual property over them have been transferred to the User, except for those that are strictly necessary for the use of the Website.
Trademarks, trade names or distinctive signs are the property of BCN FIGHTERS or third parties, without it being understood that access to the Website attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
By virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter, they are expressly prohibited. the reproduction, distribution and public communication, including its method of making available, all or part of the Contents, for commercial purposes, in any medium and by any technical means, without the express written authorization of BCN FIGHTERS or the third party holder of the affected rights.
The User agrees to respect the intellectual and industrial property rights owned by BCN FIGHTERS and/or third parties.
3. CONDITIONS OF USE OF THE WEBSITE
The User acknowledges and accepts that the access and use of the Website takes place freely and consciously, under their sole responsibility.
The User undertakes to make correct and lawful use of the Website in accordance with the Law, this Legal Notice, good faith and public order. The User will respond to BCN FIGHTERS or against third parties for any damages that may be caused as a result of breach of said obligation.
It is expressly prohibited to use the Website for harmful purposes of goods or interests of BCN FIGHTERS or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of BCN FIGHTERS or third parties.
The following actions are also prohibited:
- The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to data or other information of BCN FIGHTERS or any third party.
- Impersonate, interfere with or interrupt the service, servers or networks connected to the services or fail to comply with the requirements, procedures, policies or regulations of networks connected to the services.
- Use automated scripts or screen scraping to collect information or interact with BCN FIGHTERS.
- Systematically retrieve data or other content from BCN FIGHTERS to create, directly or indirectly, in single or multiple downloads, a collection of data, either manually or through bots, crawlers or the like. Access, manipulate or use non-public areas of the Website, the computer systems of BCN FIGHTERS or the systems of its suppliers.
- Any attempt to test the vulnerability of any system or network of BCN FIGHTERS or violate any security or authentication measures.
- Falsify or alter any information of BCN FIGHTERS.
- Attempt to decipher, decompile, disassemble the software of BCN FIGHTERS or third parties.
- Delete, hide or manipulate the notes on Copyright and other identifying data of BCN FIGHTERS or of third parties incorporated into the Contents, as well as the technical protection devices or any information mechanisms that may be inserted in the Contents.
- Collaborate with a third party to carry out any of the behaviors described.
The User undertakes to use the Contents in accordance with the Law, this Legal Notice, good faith and public order, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions in the First Clause.
Merely by way of example, the User, in accordance with current legislation, must refrain from:
A) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Content except in cases authorized by Law or expressly consented by BCN FIGHTERS in writing or by whoever owns the exploitation rights, if applicable.
B) Reproduce or copy for private use the Content that may be considered as software or database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by of the User or a third party.
C) Extract and/or reuse all or a substantial part of the Contents of the Website as well as the databases that BCN FIGHTERS make available to Users.
d) Obtain or attempt to obtain the Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the Website or, in general, those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the Website and/or the Services.
3.3 INTRODUCTION OF LINKS TO THE WEBSITE
Users who want to introduce links from their own web pages to the Website must comply with the conditions detailed below without ignoring them avoiding the responsibilities derived from the Law:
A) The link will only link to the home page or main page of the Website but may not reproduce it in any way (inline links, copy of the texts, graphics, etc.).
B) In any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any type that surround the Website or allow the visualization of the Contents through Internet addresses other than those of the Website and , in any case, when they are displayed together with content outside the Website in such a way that: (i) produces, or may produce, error, confusion or deception in the Users about the true origin of the service or Content; (ii) involves an act of unfair comparison or imitation; (iii) serves to take advantage of the reputation of the brand and prestige of BCN FIGHTERS; or (iv) in any other way is prohibited by current legislation.
C) No type of false, inaccurate or incorrect statement will be made from the page that introduces the link about BCN FIGHTERS, its directors, partners, employees, clients or about the quality of the services it provides.
D) In no case will it be expressed on the page where the link is located. BCN FIGHTERS has given its consent for the insertion of the link or that in another way sponsors, collaborates, verifies or supervises the services of the sender.
E) The use of any denominative, graphic or mixed brand or any other distinctive sign of BCN FIGHTERS within the sender's page except in the cases permitted by law or expressly authorized by BCN FIGHTERS in writing and provided that, in these cases, a direct link to the Website is allowed in the manner established in this Clause.
F) The page that establishes the link must faithfully comply with the Law and may not in any case have or link to its own content or that of third parties that: (i) are illegal, harmful or contrary to morality and good customs (pornographic, violent, racists, etc.); (ii) induce or may induce in the User the false conception that BCN FIGHTERS subscribes, endorses, adheres or in any way supports the ideas, manifestations or expressions, legal or illegal, of the sender; (iii) are inappropriate or not relevant to the activity of BCN FIGHTERS in attention to the place, contents and theme of the web page of the sender.
4. EXCLUSION OF LIABILITY
The User accepts that BCN FIGHTERS assumes no responsibility for the delay, deletion, misdelivery, or failure to save User communications or personal settings.
BCN FIGHTERS Nor is it responsible for the decisions made based on the information provided on the Website or for the damages caused to the User or third parties due to actions based solely on the information obtained on the Website.
4.2 OF THE QUALITY OF THE SERVICE
We reserve the right to refuse to provide the service to anyone for any reason and/or to discontinue the service in whole or in part at any time, with or without notice.
The use of the Website is subject to all applicable regulations and the User will be solely responsible for the content of their communications through the Website.
Access to the Website does not imply an obligation on the part of BCN FIGHTERS to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
BCN FIGHTERS is not responsible for the damages produced in the computer equipment of the Users or third parties during the provision of the Website service.
BCN FIGHTERS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from the access or use of the Contents or the Website. Among others, and by way of example and not limitation, BCN FIGHTERS is not responsible for the following circumstances:
- Lack of maintenance and effective operation of the Website and/or its services or Content.
- Lack of usefulness of the Website or the Contents for any activity.
- Existence of viruses, malicious or harmful programs in the Contents.
- Reception, obtaining, storage, diffusion or transmission, by the Users, of the Contents.
- Illicit, negligent, fraudulent use, contrary to the terms of this Legal Notice, or to good faith and public order, of the Website or its Contents, by Users.
4.3 AVAILABILITY OF THE SERVICE
Access to the Website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation do not correspond to BCN FIGHTERS. Consequently, the services provided through the Website may be suspended, canceled or inaccessible, prior to or simultaneously with the provision of the Website service.
BCN FIGHTERS is not responsible for damages or losses of any kind caused to the User that are caused by failures or disconnections in telecommunications networks, computer failures or other electronic systems that cause the suspension, cancellation or interruption of the Website service during the provision of the same or previously.
4.4 CONTENT AND SERVICES LINKED TO THE WEBSITE
The access service to the Website includes technical link devices, directories and even search tools that allow the User to access other web pages (hereinafter, “Linked Sites”). In these cases, BCN FIGHTERS acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Services of the Information Society and Electronic Commerce ("LSSI") and will only be responsible for the contents and services provided on the Linked Sites to the extent that you have effective knowledge of the illegality and have not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify BCN FIGHTERS in accordance with the procedure and the effects established in Clause 6, without in any case this communication entailing the obligation to withdraw the corresponding link.
In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of BCN FIGHTERS with the manifestations, contents or services provided. Linked Sites are provided for reference purposes only.
While BCN FIGHTERS only provides links to websites that to the best of your knowledge and belief comply with applicable law, BCN FIGHTERS does not know or approve the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to BCN FIGHTERS.
We reserve the right to remove or block access to such content on suspicion that they could eventually be illegal or damage property or rights of third parties liable for compensation and of course in those cases in which we have effective knowledge of it, either by judicial resolution. , administrative order or by any other means.
5. COMMUNICATION OF ACTIVITIES OF ILLICIT AND INAPPROPRIATE CHARACTER
In the event that the User or any other Internet user were aware that the Linked Sites refer to pages whose content or services are illegal, harmful, degrading, violent or contrary to morality, they may contact BCN FIGHTERS indicating the following extremes:
A) Personal data of the caller: name, address, telephone number and email address;
B) Description of the facts that reveal the illicit or inappropriate nature of the Linked Site;
C) In the event of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when it is a person other than the communicator. Likewise, you must provide the title that certifies the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the caller;
D) Express statement that the information contained in the claim is accurate.
The reception by BCN FIGHTERS of the communication foreseen in this Clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.
Likewise, you must provide the title that proves the legitimacy of the owner of the rights and, where appropriate, that of representation to act on behalf of the owner when it is a person other than the caller, as well as an express declaration that the information contained in the claim is accurate.
The access and use of the restricted access areas of the Website carried out under the password assigned to the User will be considered made by said User, who will be responsible in any case for such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same.
In case of forgetting the password or any other circumstance that supposes a risk of access and/or use by unauthorized third parties, the User must immediately notify BCN FIGHTERS so that we proceed immediately to block and replace it. In any case, any operations carried out before said communication will be considered carried out by the owner of the password, who will be responsible for and will pay the expenses and/or damages derived from any unauthorized access and/or use that is carried out prior to said communication.
7. DURATION AND MODIFICATION
The conditions of this Legal Notice will be in force until they are modified, and may BCN FIGHTERS make these changes that will be communicated to the User.
BCN FIGHTERS may delete, add or change both the Contents and the services it provides, as well as the way in which they are located or presented. The conditions that are published at the time the User accesses the Website are understood as valid. BCN FIGHTERS invites you to consult this Legal Notice periodically.
8. LEGISLATION AND COMPETENT JURISDICTION
This Legal Notice is governed in each and every one of its extremes by Spanish law for the resolution of any dispute in relation to this Legal Notice or the relationship between them.